3Principal Act amended

Part 1Amendments to principal Act

4Commencement

5Principles to be applied in performing functions, duties, or exercising powers, under this Act

Section 4(2)(k) is amended by omitting “people” and substituting “persons”.

6Interpretation

(1)Paragraph (a) of the definition of dam in section 7 is amended by repealing subparagraph (iii).

(2)The definition of estimated value in section 7 is amended by omitting “values” and substituting “consideration”.

(3)Paragraph (b) of the definition of owner in section 7 is amended by repealing subparagraph (ii) and substituting the following subparagraph:

“(ii)for the purposes of sections 32, 44, 92, 96, and 97, any person who has agreed in writing, whether conditionally or unconditionally, to purchase the land or any leasehold estate or interest in the land, or to take a lease of the land, and who is bound by the agreement because the agreement is still in force”.

(4)Section 7 is amended by repealing the definition of restricted building work and substituting the following definition:

“restricted building work—

“(a)means building work that is—

“(i)critical to the integrity of a building, for example, its envelope and structure; and

“(ii)of a kind declared by the Governor-General by Order in Council to be building work that must be carried out or supervised by a licensed building practitioner who is licensed to carry out or supervise that work; and that Order in Council may relate, without limitation, to certain types or categories of buildings, or parts of buildings specified in the Order in Council; and

“(b)includes design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act; and

“(c)does not include any building work for which, in accordance with section 41, a building consent is not required”.

(5)Section 7 is amended by inserting the following definitions in their appropriate alphabetical order:

“consideration, in relation to estimated value, has the meaning given to it in section 2(1) of the Goods and Service Tax Act 1985

“large dam means a dam that retains 3 or more metres depth, and holds 20 000 or more cubic metres volume, of water or other fluid

“prescribed fee includes a fee calculated in accordance with a rate or method prescribed for this purpose in regulations made under this Act”.

7Building: what it does not include

Section 9 is amended by inserting the following paragraph after paragraph (a):

“(ab)a pylon, free-standing communication tower, power pole, or telephone pole that is a NUO system or part of a NUO system; or”.

8Roles of building consent authorities, territorial authorities, and regional authorities in relation to dams

(1)Section 14(3)(b) is amended by omitting “sections 40 to 116, 220 to 232, and 276 to 281” and substituting “sections 40 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374”.

(2)Section 14(4) is amended by omitting “sections 31 to 116, 220 to 232, and 276 to 281” and substituting “sections 31 to 116 (except section 114(2)(c)), 216 to 218, 220 to 232, 276 to 281, 363A, and 374”.

9Compliance documents to be available on Ministry’s website

10Content of project information memorandum

Section 35(1) is amended by adding “; and” and also by adding the following paragraph:

“(i)if the building is one that is intended to be used for, or associated with, 1 or more of the purposes specified in Schedule 2, a statement that the building must comply with—

“(i)section 118 (relating to access and facilities for persons with disabilities to and within buildings); and

“(ii)the provisions of the building code that relate to providing for persons with disabilities to have access to buildings and to facilities within buildings.”

11How to apply for building consent

(1)Section 45 is amended by repealing subsection (2) and substituting the following subsection:

“(2)If an application for a building consent relates to design work (relating to building work) that is design work of a kind declared by the Governor-General by Order in Council to be restricted building work for the purposes of this Act, any plans and specifications referred to in subsection (1) that accompany the application must—

“(a)be prepared by, or under the supervision of, 1 or more licensed building practitioners; and

“(b)be the subject of a memorandum—

“(i)prepared by 1 or more licensed building practitioners who carried out or supervised the restricted building work; and

18Licensed building practitioner to certify restricted building work

(2)Section 88 is amended by repealing subsection (1) and substituting the following subsection:

“(1)Each licensed building practitioner who carries out or supervises restricted building work under a building consent must, on completion of the restricted building work,—

“(a)provide the persons specified in subsection (2) with a memorandum, in the prescribed form, stating what restricted building work the licensed building practitioner carried out or supervised; and

“(b)if applicable, give to the persons specified in subsection (2) a certificate, in the prescribed form, stating that any specified systems in the building to which the restricted building work relates are capable of performing to the performance standards set out in the building consent.”

22Content of compliance schedule

23New section 104A inserted

“104ATerritorial authority must issue statement in relation to compliance schedule

A territorial authority that receives a copy under section 104 of a compliance schedule must, within 5 working days after receiving the compliance schedule, provide the owner of the building for which the compliance schedule was issued with the statement in relation to the compliance schedule described in section 105(e).”

24Annual building warrant of fitness

Section 108(5) is amended by inserting the following paragraph before paragraph (a):

“(aa)fails to supply to the territorial authority the building warrant of fitness in accordance with subsection (1); or”.

25Owner must obtain reports on compliance schedule

Section 110(a) is amended by inserting “or other person” after “licensed building practitioner”.

26Buildings with specified intended lives

Section 113(1) is amended by omitting “50 years or less” and substituting “less than 50 years”.

27Access symbol must be displayed

(1)The heading to section 120 is amended by omitting “Access symbol” and substituting “Symbols of access”.

(2)Section 120 is amended by omitting “access symbol” and substituting “symbols of access”.

28New heading and section 133A inserted

The following heading and section are inserted after the subpart 7 heading:

“Dams to which provisions of this subpart apply

“133ADams to which subpart 7 provisions apply

“(1)Sections 157 to 159 apply to all dams.

“(2)The other provisions in this subpart apply only to large dams.”

29Review of dam safety assurance programme

Section 146 is amended by repealing subsection (2) and substituting the following subsection:

“(2)The owner must also review the dam safety assurance programme—

“(a)if, at any time,—

“(i)building work that requires a building consent is carried out on the dam; and

“(ii)the building work results, or could result, in a change to the potential impact of the dam on persons, property, or the environment; or

“(b)when requested by the regional authority to do so, if the dam is an earthquake-prone dam or a flood-prone dam.”

33Regional authority must adopt policy on dangerous dams

(2)Section 161(1) is amended by omitting “within its district” and substituting “, earthquake-prone dams, and flood-prone dams within its region”.

34Form and content of notice to fix

Section 165(1) is amended by repealing paragraph (f) and substituting the following paragraph:

“(f)if it relates to building work, it may direct that the site be made safe immediately and that all or any building work cease immediately (except any building work necessary to make the site safe) until the responsible authority is satisfied that the person carrying out the work is able and willing to resume operations in compliance with this Act and the regulations.”

35Special provisions for notices to fix from building consent authority

(1)Section 166(1) is amended by omitting “that is not a territorial authority or a regional authority”.

(2)Section 166(2) is amended by inserting “or a regional authority” after “that is not a territorial authority”.

36Application for determination

(1)Section 177(c) is amended by inserting the following subparagraph after subparagraph (ii):

“(iia)grant or refuse an exemption from building consent requirements under paragraph (k) of Schedule 1; or”.

41Heading to subpart 3 of Part 3 amended

42New heading and section 249A inserted

“Audit fees

“249AFees for audits

A building consent accreditation body may charge an accredited building consent authority the prescribed fee (if any) for an audit conducted under section 249(a) by the building consent accreditation body on the building consent authority.”

43Accreditation

Section 250 is amended by inserting “and on payment by the person of the prescribed fee (if any),” after “section 253,”.

45New heading and section 257A inserted

“Audit fees

“257AFees for audits

A dam owner accreditation body may charge an accredited dam owner the prescribed fee (if any) for an audit conducted under section 257(a) by the dam owner accreditation body on the accredited dam owner.”

46Accreditation

(1)Section 258(1) is amended by inserting “and on payment by the person of the prescribed fee (if any),” after “subsection (3),”.

50New section 266 substituted

“266Suspension or revocation of accreditation

“(1)A product certification accreditation body or the chief executive may, at any time, suspend or revoke the accreditation under section 263 of a product certification body, if the product certification accreditation body or chief executive—

“(a)is satisfied that the product certification body no longer meets the prescribed criteria and standards for accreditation; and

“(b)has first given the product certification body concerned a reasonable opportunity to be heard.

“(a)give the product certification body a reasonable period to meet the criteria and standards prescribed for accreditation; and

“(b)lift the suspension if it or he or she is satisfied that the product certification body meets those standards and criteria within that period.

“(3)A product certification accreditation body or the chief executive may revoke the accreditation of a product certification body at the expiry of the period given in subsection (2), if the product certification body has not met the criteria and standards prescribed for accreditation within that period.

“(4)Despite subsections (1) and (3), the product certification accreditation body or the chief executive must not suspend or revoke the accreditation of a product certification body if—

“(a)the prescribed criteria and standards for accreditation are amended; and

“(b)the product certification body no longer meets those criteria and standards solely as a result of the amendments.

“(5)The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force.”

52New section 271 substituted

“271Suspension or revocation of product certificate

“(1)A product certification body that performed the certification of a building method or product, or the chief executive, may, at any time, suspend or revoke that product certificate if the product certification body or chief executive has first given the proprietor of the building method or product a reasonable opportunity to be heard, and the product certification body or chief executive is satisfied that—

“(a)the certificate has been obtained by fraud, misrepresentation, or concealment of facts; or

“(b)the building method or product no longer meets the prescribed criteria and standards for certification (whether this becomes apparent as a result of an annual review of a product certificate under section 270 or otherwise); or

“(c)any certification, or similar authorisation issued or granted in respect of that building method or product, has been revoked or cancelled for any reason; or

“(d)the building code no longer applies to the building method or product because of an amendment to the code.

“(a)give the proprietor of the building method or product a reasonable period to rectify the matter that led to the suspension of the product certificate; and

“(b)lift the suspension if it or he or she is satisfied that the product certification body has rectified the matter within that period.

“(3)A product certification body or the chief executive may revoke the product certificate at the expiry of the period given in subsection (2) if, within that period, the proprietor of the building method or product has not rectified the matter that led to the suspension of the product certificate.

“(4)Despite subsections (1) and (3), the product certification body or the chief executive must not suspend or revoke a product certificate if—

“(a)the prescribed criteria and standards for certification are amended; and

“(b)the building method or product to which the certificate relates no longer meets those criteria and standards solely as a result of the amendments.

“(5)The limit in subsection (4) applies only during the period of 3 months after the date on which the amendments come into force.”

53Product certification body must notify chief executive of issue and revocation of certificate

(1)The heading to section 272 is amended by inserting “, suspension, lifting of suspension,” after “issue”.

62Automatic licensing of people registered under other enactments

(2)Sections 291(3) and (4) are repealed and the following subsections substituted:

“(3)A person who is treated as being licensed in a particular class or classes under subsection (2) may not apply under this Act to be licensed in another class that is substantially equivalent to the class of licensing in which he or she is treated as being licensed.

“(4)The licensing provisions of this subpart do not apply to a person who is treated under this section and the rules as if he or she were licensed (for example, he or she need not apply to become licensed or pay any fees under this subpart).”

63Licensed building practitioner must meet applicable minimum standards for licensing to continue to be licensed

(1)The heading to section 292 is amended by omitting “to be licensed”.

(2)Section 292(3) is amended by omitting “licence” and substituting “licensing”.

64Consequences of failure to meet applicable minimum standards for licensing

Section 293 is amended by omitting “licence” in each place where it appears and substituting in each case “licensing”.

65New heading above section 294 substituted

The heading above section 294 is repealed and the following heading substituted: “Licensing cancellation and suspension”.

66Cancellation of licence

(1)The heading to section 294 is amended by omitting “licence” and substituting “licensing”.

(2)Section 294 is amended by omitting “licence” in each place where it appears and substituting in each case “licensing”.

67Mandatory suspension of licence

(1)Section 295 is amended by omitting the heading and substituting the following heading: “Mandatory licensing suspension”.

(2)Section 295 is amended by omitting “licence” in each place where it appears and substituting in each case “licensing”.

68Voluntary suspension of licence

(1)Section 296 is amended by omitting the heading and substituting the following heading: “Voluntary licensing suspension”.

(2)Section 296 is amended by omitting “licence” in each place where it appears and substituting in each case “licensing”.

69Effect of suspension of licence

(1)Section 297 is amended by omitting the heading and substituting the following heading: “Effect of licensing suspension”.

(2)Section 297 is amended by omitting “licence” in each place where it appears and substituting in each case “licensing”.

70Register of licensed building practitioners

Section 298(1) is amended by omitting “rules” and substituting “regulations”.

77Certificate of Registrar to be conclusive evidence

78Offences relating to licensing

Section 314(3)(a) is amended by omitting “the issue of a licence” and substituting “being licensed”.

79Board must investigate complaints

Section 316(2)(a) is amended by omitting “holds a licence” and substituting “is licensed”.

80Grounds for discipline of licensed building practitioners

(1)Section 317(1) is amended by repealing paragraph (c) and substituting the following paragraph:

“(c)a licensed building practitioner has carried out or supervised restricted building work or building inspection work of a type that he or she is not licensed to carry out or supervise; or”.

(2)Section 317(1) is amended by inserting the following paragraphs after paragraph (d):

“(da)a licensed building practitioner has failed, without good reason, in respect of a building consent that relates to restricted building work that he or she is to carry out or supervise, or has carried out or supervised, (as the case may be),—

“(i)to provide a memorandum, in accordance with section 45(2)(b), about any plans and specifications required to accompany the building consent application; or

“(ii)to provide the persons specified in section 88(2) with a memorandum, on completion of the restricted building work, in accordance with section 88(1); or

“(db)a licensed building practitioner has held himself or herself out as being licensed to carry out or supervise building work or building inspection work of a type that, at that time, he or she was not licensed to carry out or supervise; or”.

(3)Section 317(1)(e) is amended by omitting “obtaining a licence (either for himself or herself or for any other person)” and substituting “becoming licensed himself or herself, or for the purpose of any other person becoming licensed”.

89Outline of transitional provisions

90Transitional provision for code compliance certificates and compliance schedules issued under former Act

Section 438 is amended by omitting “2009” in each place where it appears and substituting in each case “2010”.

91Amendment to Schedule 1

(1)Schedule 1 is amended by repealing paragraph (a) and substituting the following paragraphs:

“(a)any lawful repair and maintenance using comparable materials, or replacement with a comparable component or assembly in the same position, of any component or assembly incorporated or associated with a building, including all lawful repair and maintenance of that nature that is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976, except—

“(i)complete or substantial replacement of a specified system; or

“(ii)complete or substantial replacement of any component or assembly contributing to the building’s structural behaviour or fire-safety properties; or

“(iii)repair or replacement (other than maintenance) of any component or assembly that has failed to satisfy the provisions of the building code for durability, for example, through a failure to comply with the external moisture requirements of the building code; or

“(iv)repair or replacement of any water storage heater connected to a solid-fuel heater or other supplementary heat exchanger, except for the repair, or replacement with a comparable heater, of any open-vented water storage heater using the same pipework:

“(ab)the opening and reinstatement of any purpose-made access point within a drainage system that—

“(i)is not a NUO system or part of a NUO system; and

“(ii)is carried out in accordance with the Plumbers, Gasfitters, and Drainlayers Act 1976:”.

(2)Schedule 1 is amended by repealing paragraph (b) and substituting the following paragraph:

“(b)the construction of any motorway sign, stopbank, culvert for carrying water under or in association with a road, or other similar structure that is a simple structure and is owned or controlled by a network utility operator or other similar organisation:”.

(3)Paragraph (d) of Schedule 1 is amended by inserting “, in each case” after “hoarding”.

(4)Schedule 1 is amended by inserting the following paragraph after paragraph (d):

“(da)the construction of any dam that is not a large dam:”.

Part 2Validation and transitional provisions

92Validation in respect of levies on estimated value of building work

(1)For the purpose of determining the calculation of any relevant levy on building work, the principal Act must be read as if at all material times it contained the definition of estimated value in section 7 of the Act, as amended by section 6 of this Act.

A territorial authority that issues a project information memorandum need not comply with section 35(1)(i) of the principal Act in respect of that project information memorandum, as inserted by this Act, unless 6 months have elapsed since the commencement of this Act.

94Transitional provision for refusal of application for code compliance certificate

(b)in respect of which a building consent authority has not made a decision under section 93 of the principal Act before the commencement of this Act.

(2)A building consent authority that refuses to issue a code compliance certificate in respect of an application to which this section applies need not comply with section 95A of the principal Act, as inserted by this Act, in respect of that refusal unless 3 months have elapsed since the commencement of this Act.

95Transitional provision for refusal of application for certificate of acceptance

(1)This section applies to an application for a certificate of acceptance—

(b)in respect of which a territorial authority has not granted or refused a certificate of acceptance before the commencement of this Act.

(2)A territorial authority that refuses to issue a certificate of acceptance in respect of an application to which this section applies need not comply with section 99A of the principal Act, as inserted by this Act, in respect of that refusal unless 3 months have elapsed since the commencement of this Act.